Edelen v. County of Nelson

HAYES, Judge,

concurring in result:

I reluctantly concur with the majority opinion. Reluctantly because what we have held in this case is that a county may place a correctional facility, a jail, any place within that county or in a city within that county contrary to any planning regulation or comprehensive plan for the area and without any public hearing.

However, as this opinion states, the legislature has spoken. The legislature created KRS 100.361(2). The only remedy for citizens in the position of these appellants in the future appears to be by petition to the legislature for a change in the law. It is inconceivable to me why the state, which enjoys sovereign immunity, is required to have public hearings for its involvement in a correctional facility and, at the same time, the county, an instrumentality of the state doing the same thing, is not required to do so. KRS 100.361(2), however, may be so interpreted.